LawState and Law

Court of the European Union: where is the composition, authority

People at all times sought to unite. This fact is confirmed by the long history of the emergence of states born from once-existing tribal families or communities. Over time, the expansion of social formations has proved the effectiveness of human associations, which manifests itself in the process of regulating social relations. But coordinating the activities of the masses is not so much a theoretical as a practical question, requiring a deep evaluation and an operational decision.

The bottom line is that society is not homogeneous. It includes people of different ethnic groups, beliefs, races, etc. They must be managed on the basis of universal influence. In other words, it is necessary to coordinate the whole of society as a whole, and not its separate groups. For a long time people could not find a suitable regulator of social relations. However, such was the right, the effectiveness of which increases every day.

It should be noted that in the modern world the right has acquired several species branches. In addition, the presented category extends to different subjects. Interestingly enough is the right of the EU (European Union). This structure unites in its composition a large number of regulatory rules. At the same time, the EU has developed a fairly powerful mechanism for protecting subjects of law from any kind of violations. This task is carried out by the Court of the European Union, whose features and activities will be discussed later in the article.

EU - concept and composition

The Court of the European Union is only an organ whose existence is conditioned by the existence of an extensive superstate structure. This is today the European Union. At its core, the EU is an economic and political union of countries that was created to coordinate common activities and achieve certain goals.

The organizational effectiveness of the European Union is at a fairly high level. In other words, the EU countries, the list of which is presented below, benefit from participation in the association, as it directly affects their economic status. Moreover, participation in the Union implies the existence of open borders, which significantly facilitates international trade.

So, in the EU today includes such countries:

  • Austria.
  • Belgium.
  • Bulgaria.
  • United Kingdom.
  • Hungary.
  • Germany.
  • Greece.
  • Denmark.
  • Ireland.
  • Spain.
  • Italy.
  • Cyprus.
  • Latvia.
  • Lithuania.
  • Luxembourg.
  • Malta.
  • Netherlands.
  • Poland.
  • Portugal.
  • Estonia.
  • Romania.
  • Slovakia.
  • Slovenia.
  • Finland.
  • France.
  • Sweden.
  • Czech Republic.

As for the activities of the said association, it is regulated. The EU law affects most of the issues that arise in the day-to-day activities of the economic and political structure. Therefore, for a more detailed study of it, it is necessary to understand the features of the legal system of the category.

The law of the European Union

The EU countries, whose list is constantly updated, are regulated in their activities by special legal norms. Thus, the law of the European Union is a system inherently inherent in its nature, which affects the process of European integration of the member countries of the association, and is also responsible for the efficient functioning of its power structures.

There are several points of view about belonging to this category. Many scholars argue that EU law is an independent system that combines the key legal aspects of both the international system and the systems of participating states. Other representatives of science speak of the existence of a category at the level of an international institution. But, however, it is impossible to deny the independence of EU law for several reasons:

  • It has its own structure;
  • The EU right is based on certain principles;
  • Its effect extends to specific participants;
  • The EU right is enshrined in a separate legislative framework.

As we understand, the existence of a legal system determines the need for justice, which will protect the capabilities of its subjects. In the European Union there is a system of justice, the effectiveness of which manifests itself in the work of the special court.

Institute of Judiciary of the European Union

Of course, the management of the 28 countries that are members of the EU is impossible without the existence of special bodies whose tasks include resolving certain disputes. In other words, in any structure there should be an institution of justice.

Speaking specifically about the European Union, this association exists and, most importantly, has been functioning for many years. Its history begins in 1952, when the Court of the European Coal and Steel Community was founded. Later, this body was renamed the Court of Justice of the European Communities. During its existence, the court examined a large number of cases of various kinds. To date, the Court of the European Union, more precisely, its activities are governed by the norms of the Lisbon Treaty, dating from 2007. In accordance with this normative act, the body represented has its own competence and certain functions. The location of the Court of the European Union is the city of Luxembourg.

Structure of the Office

To date, the institution operates through an extensive legal framework and a well-built internal system. The bottom line is that the structure of the EU Court helps to deal with cases more effectively. That is, there is a distribution of competence between the constituent parts of the body. At the same time, it is necessary to understand the fact that the term "Court of the European Union" is a characteristic of the whole system of justice that is in the structure of the EU to date. The main characterizing factor of this system is, undoubtedly, compactness. Its structure is stipulated in the provisions of the Treaty on European Union. According to the data contained in this normative act, the EU Court consists of:

- directly ships;

- tribunal;

- a specialized tribunal.

Each of the submitted elements is responsible for the consideration or conduct of cases of a certain nature. The same fact causes the presence of various functions in each individual case.

Court as the main element of the EU Justice Institute

The city of Luxembourg is the seat of the main agency that is authorized to consider disputes within the limits of the possibilities delegated by the European Union. The court of this formation is the highest instance in the system of the institution of justice of the EU. Court hearings are held in two forms determined by the organization: plenary and in chambers. The competence of the body is quite wide for today. This fact is due to the cumbersome economic and political structure of the European Union and its regulatory framework. The leadership of the body is carried out by the chairman, to whom today is Kun Lenars.

Structure of the Court

The represented body is systematized. Its organizational structure consists of three main elements. The first is the chairman. This official combines the functions of a whole institution of administration of the Court of the European Union. He is elected for 3 years by secret ballot of the participants of the court. The main task of the chairman is to distribute the cases between the structural divisions of the court and coordinate their production. Structural elements are also chambers and plenums. They exist to increase the efficiency of the review of industries. At the same time, the most important cases are dealt with at meetings of the plenum.

Body composition

Of course, the city of Luxembourg is known for its judges, not for the court itself. After all, they implement certain functions and tasks within their authority. The composition of the Court is quite extensive. It employs 28 members to date, that is, one person from each member state of the European Union. In addition, there is such a position as a general counsel. They are included in the EU Court for 8 people. It should also be noted the presence of the apparatus and the judicial secretary in the structure of the body.

Powers of the Court of Justice of the European Union

Any authority has a number of key activities that must be implemented without fail. But for this purpose the department is endowed with certain powers, that is, the freedom of action in this or that sphere. The European Union court is no exception in this case. He is also endowed with a number of powers that determine the most important functions of the body. Powers are fixed in the Treaty on European Union. According to its provisions, the Court has the right:

  • Consider claims of the participating countries on the fact of violation by other similar entities of the rights prescribed by EU regulations;
  • To monitor the activities of the main institutions of the European Union with regard to competence and legality in resolving certain issues;
  • Interpret EU law at the request of interested parties;
  • To assess the legality of normative acts issued by the bodies of the association, as well as their effectiveness in the process of regulating certain relations;
  • Consider emerging disputes between the European Union itself as an integral subject and its individual elements;
  • Issue advisory opinions on certain international legal agreements;
  • To make cassation on the decisions of the Tribunal.

Referral to the body

As we can see, the activities of the European Union judicial body include a lot of interesting moments. The breadth of its competence is explained by the vast territory of the association and the presence of a large number of participants, which in turn are formed and independent countries. At the same time, the activities of the court are extended strictly to EU entities. In other words, a complaint to the European Court can be filed only by the party that joins the association. This specific factor is one of the main features of the organ system mentioned in the article.

Background of the Tribunal

The states of the European Union have the right to apply to a special body of the justice system of the association. This can be called the Tribunal. Despite its sonorous name, the body does not consider cases related in any way to the war, etc. Nevertheless, the powers of the Tribunal are no less extensive than those of the EU Court. In its activities, the element reviews cases of damages, analyzes the legality and legality of acts of EU bodies, disputes about inaction of certain institutions of the association and the European Central Bank, etc. The competence of the Tribunal is fixed by various agreements of the association, which speaks of its legitimacy.

What is a specialized tribunal?

The Nice Treaty concluded in 2001 provides for the existence of yet another instance of justice in the EU. Specialized tribunals are specific bodies dealing with special cases. As a rule, such are the disputes arising in the sphere of service and on intellectual property issues. Thus, the activities of the specialized tribunals are of a special nature and extend to a limited range of functional issues.

Is there a fourth element of the EU justice system?

Many scientists testify that the structure of special bodies in the European Union has in its composition a greater number of elements than those embodied in the provisions of official documents. To date, many jurists consider the national justice system of the participating countries to be part of the judicial system of the EU. This issue is really controversial, since among the powers of the European Union title agencies there is no coordination of national courts.

Conclusion

So, we have considered the concept, features and powers of the Court of the European Union, which are provided by the current regulatory documents of this association. In this case it should be noted that the activities of the represented body of the EU, although it is regulated and effective, it still requires certain changes and modernization.

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